Second Suspension For New Hampshire Supreme Court Justice
The Maine Supreme Judicial Court has reciprocally suspended a Justice of the New Hampshire Supreme Court based on her indictment and suspension in the Granite State.
The suspension, which Respondent did not oppose, is “coextensive” with the New Hampshire suspension.
She has twice sought without success the recusal of the state Attorney General’s Office
The Defendant, Anna Barbara Hantz Marconi, stands indicted on two Class B Felony charges of Criminal Solicitation of Improper Influence and Attempt to Commit Improper Influence, and five Class A Misdemeanor charges of Criminal Solicitation of Misuse of Position and Official Oppression, and Obstructing Government Administration. See Doc. 1–7. The Defendant has moved for the Court to reconsider its December 17, 2024, order denying the Defendant’s motion to disqualify Attorney General John Formella and his office and to dismiss all indictments against her. Doc. 28. As explained below, the Defendant’s motion to reconsider is DENIED.
The December 17 order had rejected disqualification based on a purported conflict of interest
The Defendant asserts that AG Formella and the AG’s office have conflicts of interest and therefore must be disqualified. AG Formella has served as New Hampshire’s Attorney General since April 22, 2021, and was nominated to that position by Governor Sununu. AG Formella also worked on Governor Sununu’s campaign and transition teams and served as Governor’s legal counsel during the Governor’s first four years in office. Prior to Sununu’s election as Governor, AG Formella, as a private attorney, represented Sununu in his personal capacity…
The logical end of the Defendant’s theory is that courts should disqualify the Attorney General from prosecuting any criminal case wherein a member of the executive branch would need to serve as a witness to bring a defendant to justice. The Court finds this theory runs counter to the statutory duties imposed on the Attorney General and is not supported by the Supreme Court’s precedents.
Because the Court declines to disqualify AG Formella under this theory, it need not analyze whether any professional conflict of AG Formella requires the disqualification of the entire AG’s office.
The charges are described in a press release of the New Hampshire Department of Justice
New Hampshire Attorney General John M. Formella announces that New Hampshire Supreme Court Associate Justice Anna Barbara Hantz Marconi has been indicted by the Merrimack County Grand Jury for two felonies and five misdemeanors relating to her attempts to interfere with a criminal investigation into her husband, Geno Marconi.
“No person is above the law, and the evidence in this case required investigation and presentation to the grand jury,” said Attorney General Formella. “The decision to charge a sitting Justice of the New Hampshire Supreme Court was not made lightly, and it comes after careful and thoughtful deliberation. It is my hope that the public will be reassured that all individuals, including public officials, are treated equally under the law.”
Justice Hantz Marconi is charged with two class B felonies – one count of Attempt to Commit Improper Influence and one count of Criminal Solicitation of Improper Influence. Justice Hantz Marconi is also charged with five class A misdemeanors – two counts of Criminal Solicitation of Misuse of Position, one count of Criminal Solicitation of Official Oppression, one count of Official Oppression, and one count of Obstructing Government Administration.
Class B felonies are punishable by up to 3.5 to 7 years in state prison and a fine of up to $4,000.00. Class A misdemeanors are punishable by up to 12 months in a house of corrections and a fine of up to $2,000.00.
The charges in these indictments are only allegations, and Justice Hantz Marconi is presumed innocent unless and until proven guilty.
The investigation into this matter is complete. No other individuals were targets of this investigation and the investigation did not uncover wrongdoing by any other person.
(Mike Frisch)